Spectrum Comments Pour into FCC

November 17, 2009

WASHINGTON: A proposal to create a national wireless
broadband network is generating tens of thousands of comments at the Federal
Communications Commission. Commenters range from lobbies, think tanks, schools,
phone companies, citizens, and the likes of the Waukesha County Department of
Emergency Preparedness.

Each has an agenda. Waukesha County emergency responders want communications
licensed in the 700 MHz block of spectrum. A previous effort by the FCC to
auction a slice of 700 MHz as a public-private partnership for emergency
communications failed to attract sufficient bids.

The National Association of Broadcasters in Washington, D.C. urged the
commission to keeps its mitts off of television spectrum. The NAB was joined in
its comments by the Association for Maximum Service TV:

“MSTV and NAB herein reject the notion put forth by a select few commenters
affiliated with the
commercial wireless industry--namely, that to achieve a world-class broadband
ecosystem, one
must curtail or even eliminate consumers’ access to a free and robust
over-the-air digital television service.”

The wireless industry is hotly pursuing the notion that using airwaves for
broadband is a far better use of spectrum than TV. The Wireless Association
(CTIA), along with the Consumer Electronics Association, asked the FCC this
week to “investigate potential reallocation of broadcast spectrum.”

“To our knowledge,” they wrote, “the commission has never conducted a detailed
evaluation of advanced television services, nor has it made an assessment of
alternative uses and the ability of the commission to reduce the amount of
spectrum assigned to broadcast television licensees.

“This spectrum is uniquely suited for mobile broadband applications, devices
and services--it has highly favorable propagation characteristics and is
directly adjacent to the 700 and 800 MHz spectrum utilized by the commercial
wireless industry. We therefore urge the commission to take immediate action to
initiate the Congressionally mandated evaluation of broadcast television
spectrum usage.”

The Congressional mandate refers to the Communications Act, which directs the
FCC to conduct an evaluation within 10 years of issuing licenses for advanced
TV services, otherwise known as digital TV.Several broadcast groups weighed in, echoing the
NAB and MSTV comments and further saying such a reallocation would be anticompetitive.

“Consumers value video programming more highly than any other content, and a reallocation
of broadcast spectrum could conveniently eliminate the wireless industry’s most
serious competitive threat--mobile DTV.,” 16 TV station groups said in a joint
reply comment. “Indeed, a spectrum reallocation from television to wireless broadband
would amount to the commission picking industry winners and losers.”

A filing from PBS Counsel Matthew DelNero reminded the commission how much
money had just been spent on realizing digital television--several billions,
including federal, state, local and donated dollars.

The pitch of the battle is beginning to draw in
lawmakers. Rep. John Dingell (D-Mich.) penned a letter to FCC Chairman Julius
Genachowski, prodding the regulator to protect broadcasting. The letter,
initially obtained and reported by John Eggerton of Broadcasting & Cable, conveyed Dingell’s concern about
reallocating spectrum.

“Particularly as commercial and non-commercial broadcasters surrendered nearly
one-third of their spectrum to the federal government in order to facilitate
the recent transition from analog to digital signal transmission, I believe
that a further loss of spectrum by broadcasters may have an adverse effect upon
consumers by limiting their choice in available broadcast television,” Dingell
wrote. “This in mind, it is my belief that the commission can accomplish its
statutorily mandated duty to complete a national broadband plan and promote the
expansion of broadband infrastructure in the near-term, while at the same time
preserve to the greatest extent possible for consumers the availability of
free, over-the-air local broadcasting.”

The FCC must present a nationwide broadband plan to Congress by February.